Agenda 09/14/2021 Item #17B (Resolution - GMP Amendemnts create the Private Property Rights Element)09/14/2021
EXECUTIVE SUMMARY
This item requires that ex-parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. A Resolution of the
Board of County Commissioners proposing amendments to the Collier County Growth
Management Plan (GMP), Ordinance 89-05, as amended, to create the Private Property Rights
Element as required by state law; and furthermore, Directing transmittal of the Amendments to
the Florida Department of Economic Opportunity. [PL20210001793].
__________________________________________________________________________________
OBJECTIVE: To have the Board of County Commissioners (BCC) transmit a Resolution to the
Department of Economic Opportunity to amend the Growth Management Plan (GMP) Ordinance 89-
05, as amended, to establish the Private Property Rights Element, as required by Florida Statute
163.3177(6)(i)1.
CONSIDERATIONS: The 2021 Legislature approved House Bill 59 to amend the Community
Planning Act, Chapter 163.3117 F.S., requiring Collier County “to include in its comprehensive plan a
property rights element.” Collier County must adopt this new element “by the earlier of the date of its
adoption of its next proposed plan amendment that is initiated after July 1, 2021, or the date of the next
scheduled evaluation and appraisal of its comprehensive plan.” The Department of Economic
Opportunity defines “initiate” as the first Land Planning Agency (Collier County Planning
Commission) Hearing. This required adoption timeline gives urgency to the consideration of the
proposed Element and the DEO will not accept amendments submitted post July 1, 2021, until the
Private Property Rights Element has been adopted within the Collier GMP.
The attached House Bill 59 provides for the “statement of rights” to adopt in the proposed Private
Property Rights Element. The Private Property Rights Element contains a single Goal, a single Objective,
and four implementing Policies which are reflective of the statement of rights.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: The proposed introduction of the Private
Property Rights will add a new element within the Collier County GMP to codify the protection of an
individual’s rights associated with their property
FISCAL IMPACT: There are no fiscal impacts for the County associated with the item.
LEGAL CONSIDERATIONS: : This Growth Management Plan (GMP) amendment is authorized by,
and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community
Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the
following criteria in making its decision: “plan amendments shall be based on relevant and appropriate
data and an analysis by the local government that may include but not be limited to, surveys, studies,
community goals and vision, and other data available at the time of adoption of the plan amendment. To
be based on data means to react to it in an appropriate way and to the extent necessary indicated by the
data available on that particular subject at the time of adoption of the plan or plan amendment at issue.”
163.3177(1)(f), F.S. A majority vote is needed for the transmittal hearing. - HFAC
CCPC RECOMMENDATION: The Collier County Planning Commission at their August 19, 2021,
advertised public hearing recommended unanimous approval for the Board to transmit to the
Department of Economic Opportunity the Resolution to add the Private Property Rights Element to the
Collier GMP.
STAFF RECOMMENDATION: That the Board directs staff to transmit the attached Resolution to
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09/14/2021
add the Private Property Rights Element to the Collier County GMP to the Department of Economic
Opportunity.
Prepared by: Mike Bosi, AICP, Director, Zoning Services
ATTACHMENT(S)
1. Staff-Report-Property-Rights-Element (PDF)
2. Property-Rights-Element-Resolution (PDF)
3. HB-58-Florida-Legislator (PDF)
4. legal ad - agenda ID 17742 (PDF)
ATTACHMENT(S)
1. Staff-Report-Property-Rights-Element (PDF)
2. Property-Rights-Element-Resolution (PDF)
3. HB-58-Florida-Legislator (PDF)
4. legal ad - agenda ID 17742 (PDF)
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09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Doc ID: 17742
Item Summary: A Resolution of the Board of County Commissioners proposing amendments to
the Collier County Growth Management Plan (GMP), Ordinance 89-05, as amended, to create the Private
Property Rights Element as required by state law; and furthermore, Directing transmittal of the
Amendments to the Florida Department of Economic Opportunity. [PL20210001793].
Meeting Date: 09/14/2021
Prepared by:
Title: – Zoning
Name: Mike Bosi
08/11/2021 3:02 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
08/11/2021 3:02 PM
Approved By:
Review:
Growth Management Department Diane Lynch Growth Management Department Completed 08/17/2021 1:39 PM
Zoning Mike Bosi Zoning Director Review Completed 08/17/2021 3:39 PM
Zoning James Sabo Additional Reviewer Completed 08/18/2021 10:25 AM
Growth Management Department Trinity Scott Transportation Skipped 08/17/2021 7:14 PM
Growth Management Department James C French Growth Management Completed 08/19/2021 1:08 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/26/2021 8:29 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/26/2021 8:41 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/30/2021 2:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/31/2021 2:14 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/07/2021 1:31 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
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PL20210001793
Staff Proposed GMPA - Private Property Rights Element
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION,
COMPREHENSIVE PLANNING SECTION
HEARING DATE: August 19, 2021
RE: PETITION PL20210001793, STAFF-PROPOSED AMENDMENT TO CREATE A REQUIRED
PRIVATE PROPERTY RIGHTS ELEMENT OF THE GROWTH MANAGEMENT PLAN
[TRANSMITTAL HEARING]
INTRODUCTION
The purpose of this proposed Growth Management Plan Element is to implement the legislative
intent expressed in ss. 163.3161(10) and 187.101(3) that governmental entities respect judicially
acknowledged and constitutionally protected private property rights.
BACKGROUND
The 2021 Legislature approved House Bill 59 to amend the Community Planning Act, Chapter 163.3117
F.S., requiring Collier County “to include in its comprehensive plan a property rights element.” Collier
County must adopt this new element “by the earlier of the date of its adoption of its next proposed plan
amendment that is initiated after July 1, 2021, or the date of the next scheduled evaluation and appraisal
of its comprehensive plan.” The Department of Economic Opportunity defines “initiate” as the first Land
Planning Agency (Collier County Planning Commission) Hearing. This required adoption timeline gives
urgency to the consideration of the proposed Element.
The attached House Bill 59 provides for the “statement of rights” to adopt in the proposed Private
Property Rights Element. The Private Property Rights Element contains a single Goal, a single
Objective, and four implementing Policies which are reflective of the statement of rights.
LEGAL CONSIDERATIONS:
The County Attorney’s office reviewed the staff report on August 28, 2021.
STAFF RECOMMENDATION
That the Collier County Planning Commission, acting as the Land Planning Agency, forward the
proposed Private Property Rights Element of the Growth Management Plan to the Board of County
Commissioners with a recommendation to adopt and transmit to the Florida Department of Economic
Opportunity.
17.B.a
Packet Pg. 3356 Attachment: Staff-Report-Property-Rights-Element (17742 : GMP Amendment - Property Right Element)
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Packet Pg. 3357 Attachment: Property-Rights-Element-Resolution (17742 : GMP Amendment - Property Right Element)
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Packet Pg. 3358 Attachment: Property-Rights-Element-Resolution (17742 : GMP Amendment - Property Right Element)
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Packet Pg. 3359 Attachment: Property-Rights-Element-Resolution (17742 : GMP Amendment - Property Right Element)
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CS/CS/CS/HB 59, Engrossed 1 2021 Legislature
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to growth management; amending s. 2
163.3167, F.S.; specifying requirements for certain 3
comprehensive plans effective, rather than adopted, 4
after a specified date and for associated land 5
development regulations; amending s. 163.3177, F.S.; 6
requiring local governments to include a property 7
rights element in their comprehensive plans; providing 8
a statement of rights which a local government may 9
use; requiring a local government to adopt a property 10
rights element by the earlier of its adoption of its 11
next proposed plan amendment initiated after a certain 12
date or the next scheduled evaluation and appraisal of 13
its comprehensive plan; prohibiting a local 14
government's property rights element from conflicting 15
with the statement of rights contained in the act; 16
amending s. 163.3237, F.S.; providing that the consent 17
of certain property owners is not required for 18
development agreement changes under certain 19
circumstances; providing an exception; amending s. 20
337.25, F.S.; requiring the Department of 21
Transportation to afford a right of first refusal to 22
certain individuals under specified circumstances; 23
providing requirements and procedures for the right of 24
first refusal; amending s. 380.06, F.S.; authorizing 25
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Packet Pg. 3360 Attachment: HB-58-Florida-Legislator (17742 : GMP Amendment - Property Right Element)
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CS/CS/CS/HB 59, Engrossed 1 2021 Legislature
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certain developments of regional impact agreements to 26
be amended under certain circumstances; providing 27
retroactive applicability; providing a declaration of 28
important state interest; providing an effective date. 29
30
Be It Enacted by the Legislature of the State of Florida: 31
32
Section 1. Subsection (3) of section 163.3167, Florida 33
Statutes, is amended to read: 34
163.3167 Scope of act.— 35
(3) A municipality established after the effective date of 36
this act shall, within 1 year after incorporation, establish a 37
local planning agency, pursuant to s. 163.3174, and prepare and 38
adopt a comprehensive plan of the type and in the manner set out 39
in this act within 3 years after the date of such incorporation. 40
A county comprehensive plan is controlling until the 41
municipality adopts a comprehensive plan in accordance with this 42
act. A comprehensive plan for a newly incorporated municipality 43
which becomes effective adopted after January 1, 2016 2019, and 44
all land development regulations adopted to implement the 45
comprehensive plan must incorporate each development order 46
existing before the comprehensive plan's effective date, may not 47
impair the completion of a development in accordance with such 48
existing development order, and must vest the density and 49
intensity approved by such development order existing on the 50
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Packet Pg. 3361 Attachment: HB-58-Florida-Legislator (17742 : GMP Amendment - Property Right Element)
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CS/CS/CS/HB 59, Engrossed 1 2021 Legislature
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
effective date of the comprehensive plan without limitation or 51
modification. 52
Section 2. Paragraph (i) is added to subsection (6) of 53
section 163.3177, Florida Statutes, to read: 54
163.3177 Required and optional elements of comprehensive 55
plan; studies and surveys.— 56
(6) In addition to the requirements of subsections (1)-57
(5), the comprehensive plan shall include the following 58
elements: 59
(i)1. In accordance with the legislative intent expressed 60
in ss. 163.3161(10) and 187.101(3) that governmental entities 61
respect judicially acknowledged and constitutionally protected 62
private property rights, each local government shall include in 63
its comprehensive plan a property rights element to ensure that 64
private property rights are considered in local decisionmaking. 65
A local government may adopt its own property rights element or 66
use the following statement of rights: 67
68
The following rights shall be considered in local 69
decisionmaking: 70
71
1. The right of a property owner to physically 72
possess and control his or her interests in the 73
property, including easements, leases, or mineral 74
rights. 75
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Packet Pg. 3362 Attachment: HB-58-Florida-Legislator (17742 : GMP Amendment - Property Right Element)
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CS/CS/CS/HB 59, Engrossed 1 2021 Legislature
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
76
2. The right of a property owner to use, maintain, 77
develop, and improve his or her property for personal 78
use or for the use of any other person, subject to 79
state law and local ordinances. 80
81
3. The right of the property owner to privacy and to 82
exclude others from the property to protect the 83
owner's possessions and property. 84
85
4. The right of a property owner to dispose of his or 86
her property through sale or gift. 87
88
2. Each local government must adopt a property rights 89
element in its comprehensive plan by the earlier of the date of 90
its adoption of its next proposed plan amendment that is 91
initiated after July 1, 2021, or the date of the next scheduled 92
evaluation and appraisal of its comprehensive plan pursuant to 93
s. 163.3191. If a local government adopts its own property 94
rights element, the element may not conflict with the statement 95
of rights provided in subparagraph 1. 96
Section 3. Section 163.3237, Florida Statutes, is amended 97
to read: 98
163.3237 Amendment or cancellation of a development 99
agreement.—A development agreement may be amended or canceled by 100
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Packet Pg. 3363 Attachment: HB-58-Florida-Legislator (17742 : GMP Amendment - Property Right Element)
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CS/CS/CS/HB 59, Engrossed 1 2021 Legislature
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
mutual consent of the parties to the agreement or by their 101
successors in interest. A party or its designated successor in 102
interest to a development agreement and a local government may 103
amend or cancel a development agreement without securing the 104
consent of other parcel owners whose property was originally 105
subject to the development agreement, unless the amendment or 106
cancellation directly modifies the allowable uses or 107
entitlements of such owners' property. 108
Section 4. Subsection (4) of section 337.25, Florida 109
Statutes, is amended to read: 110
337.25 Acquisition, lease, and disposal of real and 111
personal property.— 112
(4) The department may convey, in the name of the state, 113
any land, building, or other property, real or personal, which 114
was acquired under subsection (1) and which the department has 115
determined is not needed for the construction, operation, and 116
maintenance of a transportation facility. When such a 117
determination has been made, property may be disposed of through 118
negotiations, sealed competitive bids, auctions, or any other 119
means the department deems to be in its best interest, with due 120
advertisement for property valued by the department at greater 121
than $10,000. A sale may not occur at a price less than the 122
department's current estimate of value, except as provided in 123
paragraphs (a)-(d). The department may afford a right of first 124
refusal to the local government or other political subdivision 125
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Packet Pg. 3364 Attachment: HB-58-Florida-Legislator (17742 : GMP Amendment - Property Right Element)
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CS/CS/CS/HB 59, Engrossed 1 2021 Legislature
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
in the jurisdiction in which the parcel is situated, except in a 126
conveyance transacted under paragraph (a), paragraph (c), or 127
paragraph (e). Notwithstanding any provision of this section to 128
the contrary, before any conveyance under this subsection may be 129
made, except a conveyance under paragraph (a) or paragraph (c), 130
the department shall first afford a right of first refusal to 131
the previous property owner for the department's current 132
estimate of value of the property. The right of first refusal 133
must be made in writing and sent to the previous owner via 134
certified mail or hand delivery, effective upon receipt. The 135
right of first refusal must provide the previous owner with a 136
minimum of 30 days to exercise the right in writing and must be 137
sent to the originator of the offer by certified mail or hand 138
delivery, effective upon dispatch. If the previous owner 139
exercises his or her right of first refusal, the previous owner 140
has a minimum of 90 days to close on the property. The right of 141
first refusal set forth in this subsection may not be required 142
for the disposal of property acquired more than 10 years before 143
the date of disposition by the department. 144
(a) If the property has been donated to the state for 145
transportation purposes and a transportation facility has not 146
been constructed for at least 5 years, plans have not been 147
prepared for the construction of such facility, and the property 148
is not located in a transportation corridor, the governmental 149
entity may authorize reconveyance of the donated property for no 150
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Packet Pg. 3365 Attachment: HB-58-Florida-Legislator (17742 : GMP Amendment - Property Right Element)
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CS/CS/CS/HB 59, Engrossed 1 2021 Legislature
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
consideration to the original donor or the donor's heirs, 151
successors, assigns, or representatives. 152
(b) If the property is to be used for a public purpose, 153
the property may be conveyed without consideration to a 154
governmental entity. 155
(c) If the property was originally acquired specifically 156
to provide replacement housing for persons displaced by 157
transportation projects, the department may negotiate for the 158
sale of such property as replacement housing. As compensation, 159
the state shall receive at least its investment in such property 160
or the department's current estimate of value, whichever is 161
lower. It is expressly intended that this benefit be extended 162
only to persons actually displaced by the project. Dispositions 163
to any other person must be for at least the department's 164
current estimate of value. 165
(d) If the department determines that the property 166
requires significant costs to be incurred or that continued 167
ownership of the property exposes the department to significant 168
liability risks, the department may use the projected 169
maintenance costs over the next 10 years to offset the 170
property's value in establishing a value for disposal of the 171
property, even if that value is zero. 172
(e) If, at the discretion of the department, a sale to a 173
person other than an abutting property owner would be 174
inequitable, the property may be sold to the abutting owner for 175
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Packet Pg. 3366 Attachment: HB-58-Florida-Legislator (17742 : GMP Amendment - Property Right Element)
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CS/CS/CS/HB 59, Engrossed 1 2021 Legislature
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the department's current estimate of value. 176
Section 5. Paragraph (d) of subsection (4) of section 177
380.06, Florida Statutes, is amended to read: 178
380.06 Developments of regional impact.— 179
(4) LOCAL GOVERNMENT DEVELOPMENT ORDER.— 180
(d) Any agreement entered into by the state land planning 181
agency, the developer, and the local government with respect to 182
an approved development of regional impact previously classified 183
as essentially built out, or any other official determination 184
that an approved development of regional impact is essentially 185
built out, remains valid unless it expired on or before April 6, 186
2018, and may be amended pursuant to the processes adopted by 187
the local government for amending development orders. Any such 188
agreement or amendment may authorize the developer to exchange 189
approved land uses, subject to demonstrating that the exchange 190
will not increase impacts to public facilities. This paragraph 191
applies to all such agreements and amendments effective on or 192
after April 6, 2018. 193
Section 6. The Legislature finds and declares that this 194
act fulfills an important state interest. 195
Section 7. This act shall take effect July 1, 2021. 196
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Packet Pg. 3367 Attachment: HB-58-Florida-Legislator (17742 : GMP Amendment - Property Right Element)
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Packet Pg. 3368 Attachment: legal ad - agenda ID 17742 (17742 : GMP Amendment - Property Right Element)